Tarquin Ocean Deep Saga - is this the beginning of the end?

Gludy

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After a frustrating time wasting day yesterday, I today sent this email to Tony Chappell at Tarquin.
[ QUOTE ]

Dear Mr. Chappell,
Just for the record my proposal was for a total refund of the total cost of the boat without any return of Drumbeat to me.

Drumbeat has suffered considerable depreciation in price in the last 18 months you have had her and may well also need some serious attention having not been properly used for 18 months. During that time the diesel deregulation issue has been lost and, as you yourself state, boats such as Drumbeat significantly depreciate every year. Also you claimed that Drumbeat had 'pre-osmosis; and that, if you recall, was to cost you £15k. This was the basis upon which I released Ocean Deep to go to the London Boat Show. This matter would also need explaining.

I am aware that you are very experienced at litigation and note that you have instructed 'Michael Dyer, a local lawyer' who also happens to be a specialist marine lawyer on a wrong assumption concerning my offer.

This matter could be settled in principle very quickly and the details should take no more than a few days.

I am willing to sit down now with the Bank and yourselves to settle the basis of a settlement in confidential non-prejudicial talks. These talks would allow either side to make any proposals they wish. It would appear you are not!

Having paid circa £940k for a boat I have not been able to use for 16 months. A boat that has always been materially defective and still is, you have never once apologised for the fact that I have suffered so much because of the defective nature of the boat and your deplorable service. Not once. Or is it normal that as we head for 2 years since the boat arrived customers cannot use them? Do you really think that as in excess of over 500 letters and emails are launched on a new web site detailing every twist of the sage based on the truthful recorded facts that anyone reading the sad events would wish to business with you? The public will be able to see hundreds of images, videos etc as the events of the last 16 months unfold. It would be a permanent testimony to the experience that your company has subjected me to. Do you think that the associated media coverage will help launch your new range of boats? Are you happy to explain to customers on your open day the reasons why I have not been able to use my boat for 16 months? Or would you prefer to hide the truth?

I personally would much rather sit down and confidentially discuss the basis of a settlement hopefully proceeding to a rapid ending of the affair that I could then leave behind.

Yours faithfully

Paul Burgess


[/ QUOTE ]

I am not willing to indulge in time wasting exercises with Mr. Chappell.

I have instructed Tarquin that any work being done to my boat from today on needs to be done under the supervision of my surveyor. I have requested a schedule of work to include the faults detailed in the recent survey report so that I can arrange matters with the surveyor. That schedule request has never been met in the recent, almost 3 months at Emsworth. I have also instructed that the boat should not be put back into the water until my surveyor has inspected the hull.

My lawyer will probably be taking charge from here on in.
 

chuckaduck

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[ QUOTE ]
After a frustrating time wasting day yesterday.
[ QUOTE ]


Perhaps you shouldnt have spent most of the day on the phone with other forumites

/forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif
 

DAKA

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If there has been an inferred offer from Tarquin that you can have your money back but includes Drumbeat, I cant help but think I would jump at the prospect in order to regain my life back.

The best bit is Drumbeat will have a 3 month warranty on it so you can still continue your relationship with Chaplin /forums/images/graemlins/laugh.gif
 

Gludy

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From my market research, the current market price of Drumbeat retail is about £275k - that what they actually sell for retail. The trade price is £196k to £220k.... that is what a dealer would pay to buy it in at.

Tarquin advertised her at £410k later dropping to £375k - in fact on some web site its still advertised at £410k. Frankly that is too expensive and it has not sold.

If and I reepat IF ... Drumbeat was to come back, I would want to sell her straight away as I need to get on with my plans. So if someone out there is interested in a 59 foot bargain - let me know.

I am not excluding Drumbeat from any negotitation but I am not prepared to take her back on the basis they have assumed.
 

fireball

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[ QUOTE ]
My lawyer will probably be taking charge from here on in.

[/ QUOTE ]

Paul - for the sake of your and your swmbo's health ... about bluddy time!!

So ... where are you looking too for a proper boat then? I still have that Walkerbay 10 .... /forums/images/graemlins/grin.gif
 

Gludy

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The ideal would be to buy a used, almost new Marlow and spend 6 months out in the USA/Caribbean cruising then bring it back to the UK. The boat would have extended skeg keels for drying out and be CE etc.

Timing is critical in this and it is only a dream.

I think the way the discussion should proceed is:-

1. Agree the basis of OD return – with/without Drumbeat etc.
2. Agree in principle to the cost headings being refunded.
3. Then provide the proof of costs and do the sums.

I am not prepared to string this out. TC can have this over in days if he acts reasonably.
 

Channel Ribs

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I think you have been very tollerant of them, my sympathies for it having got to this stage. /forums/images/graemlins/frown.gif

Have you contacted any trade associations which they are a member of? Now that talks have collapsed they should be interested.
 

Gludy

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

What has just happened is that ITV have confirmed the filming is to start within the week.

Mr Chappell was given a very fair chance by ITV to answer in full and put right. Instead he issued a statement to them which took my breath away. It concerned a sum of money he states he had paid me - he has not. It concerns the issue of the structural keel and he even claimed that nothing went wrong with the keel at Emsworth - it did. A further claim was that the boat is not 16 months without use monthly 10 months because you should time it from May 13th 2006 when I escaped Emsworth after 6 months of hell - yet I have a written agreement that I was to collect the boat a few weeks after the return from the London Boat Show!!!!

Having been given the chance and blown it the TV producer has given the go ahead and filming is now booked.

I have no idea when they will film at Emsworth on the public right of way right in front of Tarquin’s office but it would maybe be funny if it was on the Trader Open day next month!!!!

Mr Chappell need not have faced this media coverage if he had been open and prompt in dealing with the issues. I am sure that the TV spot will by no means be the end of it.

Mr. Chappell here is my simple public message to you
You have made myself and family suffer because of your deplorable product and even worse service. It has been a 16 month nightamre. You have been given every opportunity to correct the situation. You have failed to do so and even made matters worse by responding in the manner you have.

Now you face the consequences. I can no longer prevent the next steps in this matter but I can agree not to increase the matter past that if you would decide to, at last, deal with the issue in a fair and prompt manner. ITV gave you every chance, every opportunity.

I cannot imagine of any other MD allowing matters to escalate to this point - totally amazing as is everything else about this saga.
 
D

Deleted User YDKXO

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gludy, as ever you have my total sympathy on this issue but what makes you think that Chappell will agree to a complete refund with or without Drumbeat when you can't even get him to agree to taking responsibility for the faults on OD?
I hope the TV feature works out for you, if it's broadcast, but, as I said previously, I fear that it won't necessarily cast you in as good a light as you would hope as you don't have editorial control and, once it's broadcast, Chappell will be more intransigent than ever. Also what does your legal man, Fairfax, say about the TV item in terms of prejudicing any future court case?
 

petem

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

Surely the remedy would be to return you to the situation you were in before the deal took place. This would include the return of Drumbeat but in the condition that you handed her over in.

This would seem fair to me.

Pete
 

rickp

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

They'd probably try and charge him for the miracle 4-day "osmosis" treatment /forums/images/graemlins/laugh.gif

Rick
 

andyball

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

hmm, how fair would it be to get end up with a boat now worth quite a bit less than when the deal was done, and which you haven't had use of at all in the meantime. I'd say that wasn't very fair, but doubtless a very attractive proposition for Tarquin Trader; who like to shave Gludy's direct OD-related expenses down a bunch too eh.



so maybe Drumbeat at current worth?, but err, if Gludy can sell it on for that, why the hell can't TC flog it himself ? think he might sorta owe Gludy a bit of a favour really.
 

Gludy

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

Pete
To be in the same position as I was original with Drumbeat you have to allow for the change in condition of Drumbeat and the depreciation of Drumbeat.

I did not decide on the price of Drumbeat - TC did.

To return me to the same position:

1. refund off all monies paid.
2. refund of all expenses incurred.
3, a sum for loss of use
4. interest on the total amount of money (£940k) for 15 months.
5. Drumbeat supplied back in now worse a condition than when supplied 18 months ago at current market price.

I am willing to discuss the deal on any basis - I am willing to sit down and settle it all. I am not willing to be messed around and have delaying tactics employed.

I am well aware of past tactics used on others and I just want to be able to have a rational discussion.

As regards the TV - I think they have been very fair to TC. If TC does not like it and digs in his heels - so will I and frankly publicity will increase and increase. I accept I take a risk on that but I am willing to do that in order to have a chance of a fair resolution – in the past 16 months of hell, I have not had that chance.

.
 

Gludy

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

Andy
TC can flog it at a better price than I can.
I am not a dealer/broker.
I am not based on the south coast.
I have suffered thousands of hours of slog and slog instread of enjoying the new product for the last 16 months.
I have lost the last 16 months boating and having to sell drumbeat before ic asn do anything just wastes the rest of the summer.

As I see it - publicity of the OD story could if continued cast a bigger and bigger spotlight on Tarquin - they have to asess that risk or they have to knuckle down and talk sensibly around a table.
 

DAKA

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

[ QUOTE ]
What has just happened is that ITV have confirmed the filming is to start within the week.



I have no idea when they will film at Emsworth on the public right of way right in front of Tarquin’s office but it would maybe be funny if it was on the Trader Open day next month!!!!

Mr

[/ QUOTE ]

What happened to your T-Shirt give away ?

'Keel Haul Rouge............' ?

If you have any left from the Boat Show I welcome the opportunity to sport one on open day /forums/images/graemlins/cool.gif
 

petem

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

Paul,

I did say that Drumbeat would have to be returned in the same condition as you handed her over in (I recognise that she has deteriorated) but if you had not have bought OD you would still have incurred depreciation on Drumbeat. Interest on the money and compensation for lack of use is fair.

Pete
 

andyball

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Re: Tarquin Ocean Deep Saga - ITV Filming to start

[ QUOTE ]
What happened to your T-Shirt give away ?

[/ QUOTE ]

Oh Pete, if you wanted a t-shirt, you are surely gonna pay good money for an Ocean Deep bathrobe ? you fancy blue or white? /forums/images/graemlins/smile.gif
 
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